Search Results

1. CAC301 v Murphy [2015] NZREADT 42 [pdf, 211 KB]

   ...enter the property until some more significant testing had been done. The indicative test told him that there was methamphetamine present at the property and he immediately noticed a very strong smell of that when entering it. He was dressed in full protective clothing comprising a suit, a mask, and breathing apparatus. He observed that whether or not there might be an aroma from methamphetamine could be related to whether the property had been shut up or ventilated prior to entry. [3...

2. Peni v Pahi — Tiroa E Block and Te Hape B Block (2010) 1 Waikato Maniapoto MB 25 (1 WMN 25) [pdf, 148 KB]

   ...have to seek removal of the trustee by the Court. The fact that a clause in the trust order allows a trustee to be employed is not to say that the employment of a trustee in particular circumstances is best practice. The trustees need to think carefully each time they have to involve this clause. The clause is commonly inserted to allow payment of professional trustees such as lawyers and accountants whose knowledge of the trust’s affairs means the legal and accounting affairs...

3. MZ v Sun [2019] NZIACDT 12 (4 March 2019) [pdf, 261 KB]

   ...recorded on the application form. When he received confirmation that the application had been completed as dictated by him, he reviewed the documents and lodged the application. It is therefore not correct to suggest that he did not exercise due care and diligence. 10 Statutory Declaration of complainant, 28 July 2014, at 3 of translation. 11 At 1, 2 & 3 of translation. 11 [54] Mr Sun accepts he did not have direct contact with...

4. Van Wey Lovatt v Health New Zealand (Strike-Out) [2023] NZHRRT 37 [pdf, 202 KB]

   ...compensation for that alleged breach. [46] There is a distinction between the matters which are addressed by each of Rules 5 and 8. Rule 5 relates to the storage and security of health information. It requires an agency to ensure that information is protected by such security safeguards as are reasonable in the circumstances to take against access, use, modification or disclosure, except with the authority of the agency. [47] Rule 8 relates to a requirement to ensure that the accu...

5. [2024] NZEnvC 143 Cooper v Kaipara District Council [pdf, 857 KB]

   ...(b) the formation of an internal private roading network and associated stormwater management infrastructure; (c) the creation of a 20m wide esplanade reserve and strip; (d) the provision of approximately 39ha of environmental benefit through the protection and enhancement of stream and riparian margins and bush habitats (to be protected for perpetuity by way of private land covenants and consent notice conditions); and (e) the provision of approximately 16ha of amenity enhancement and...

6. 04-Appendix-Four-DCR_Part1.pdf [pdf, 23 MB]

   ...Status: FINAL│ Project No.: 310203848 │ Our ref: 221010 DCR_V0.9.docx Page 11 Access underpass CH32900 Highway over 25-35 m Watercourse culverts are described in Section 3.9. 3.5. Safety Barriers The Project will include median and side protection barriers on the state highway in accordance with the Safe System philosophy. Barrier design parameters that are being adopted into the Project design include: • MASH testing level compliant median wire rope barrier throughout...

7. MacGregor v Craig (Rescission of Confidentiality Orders) [2016] NZHRRT 23 [pdf, 225 KB]

   ...circumstances which had led her to abandon her original “no publication” position in favour of the full publication for which she now argued were related to the four proceedings to which Mr Craig, not Ms MacGregor, is a party. In her view the protection afforded by the Tribunal’s interim orders has been overtaken by those proceedings because in them Mr Craig is once more publishing confidential and private information about her for the purpose of attempting to repair his own reputa...

8. [2023] NZEnvC 188 Wakatipu Equities Ltd v Queenstown Lakes District Council [pdf, 414 KB]

   ...instruments sufficiently clear without the need to draw from such extraneous sources. Overview of the NPS-HPL Objective and policies as to highly productive land [10] The NPS-HPL has a single objective (in cl 2.1): Highly productive land is protected for use in land-based primary production, both now and for future generations. [11] The NPS-HPL specifies several associated policies (cl 2.2), including: Policy 1: Highly productive land is recognised as a resource with finite...

9. [2015] NZEmpC 216 Roy v Tamaki College Board of Trustees no 3 interlocutory [pdf, 151 KB]

   ...concerning both the evidence given by witnesses and statements made by the Court, have been the subject of subsequent consideration and have been established in cross- examination of Mr Roy to be false. That means that the Court must examine very carefully and critically the other very serious allegations that the plaintiff has made, particularly about the school’s Principal and its then Board’s Deputy Chair. Some of those allegations may be described as sensational and they ar...

10. ENVC Hearing 6Oct14 DM local Judith Pemberton [pdf, 107 KB]

    ...Conservation, Auckland Council and the contracting firm attended to rescue any penguins still present in the burrows. I observed as my son indicated to those representatives where the penguin burrows were located. A digger driver would then carefully prise the rocks away to reveal any remaining penguins. Although it was day time and most of the penguins would ordinarily be at sea, two penguins were rescued and relocated to a different island by Department of Conservation staff....